Masters of Puppets? Reassertion of Control Through Joint Investment Treaty Interpretation
Reassertion of Control Over the Investment Treaty Regime, pp. 155-181, Andreas Kulick, ed., Cambridge University Press, 2017
25 Pages Posted: 2 Mar 2016 Last revised: 25 Feb 2017
Date Written: February 29, 2016
The explosion of international investment arbitration under international investment agreements has caused significant backlash, with states parties to such agreements now seeking to reassert control over their agreements in the face of tribunals occasionally running amok. This paper considers the options for states parties to reassert control over their treaties by putting forward joint binding interpretations of relevant provisions. It posits the states parties as the masters of their treaties, reviews the relevant law and arbitral practice, and responds to common objections to joint binding interpretation.
Keywords: international investment law, international investment arbitration, note of interpretation, NAFTA, BIT, FTA, joint interpretation, rules of interpretation, Vienna Convention on the Law of Treaties
Suggested Citation: Suggested Citation